Geosophic Platform Terms of Service
BY INTERACTING IN ANY WAY WITH THE GEOSOPHIC API, INCLUDING, BUT NOT LIMITED TO ACCESSING THE WEBSITE, INTERACTING WITH THE DASHBOARD, REQUESTING CREDENTIALS OR MAKING API CALLS, YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT (“YOU”) UNCONDITIONALLY CONSENT AND AGREE TO BE BOUND BY AND A PARTY TO THESE TERMS AND CONDITIONS (“AGREEMENT”). THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN GEOSOPHIC’s SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THIS WEBSITE.
Last update: 14/10/2013
1. Grant of license
Subject to your (“Licensee”) full compliance with all of the terms and conditions of this API Agreement (“Agreement”), Geosophic, Ltd. (“Geosophic”) grants Licensee a non-exclusive, revocable, nonsublicensable, nontransferable license to access the different services and features (collectively “Geosophic Service”) offered through the Geosophic website, web control dashboard, software development kits (“SDKs”) and application program interface (“API”).
Compliance to the aforementioned Agreement includes granting Geosophic the right to collect the Licensee’s e-mail address for the purposes of: creating an account that can be used to access the service, as well as receiving verification messages, and/or communications regarding the Geosophic Service such as (but not limited to) the monthly Geosophic Newsletter. The Licensee will be able to excercise its rights of access, rectification, cancellation and objection (ARCO rights) at any moment by contacting firstname.lastname@example.org Some specific uses of the Geosophic Service authorised by this Agreement, are:
- The inclusion of leaderboards/highscores charts or any other kind of achievement boards in mobile games and/or apps.
- The creation and inclusion of tournaments, leagues or other multiplayer competitions in mobile games and/or apps.
- The collection, processing and display of mobile behavior metrics, in mobile apps, as well as any other metrics, user profiles or analytics that might be derived from them.
- The serving of banners, interstitials and all kinds of ads within the leaderboards, tournaments or other in-game/in-app features provided by Geosophic to foster the cross-promotion of other games/apps.
- The optimization or improvement of any kind of advertising through the usage of the enriched profiles, metrics or analytics gathered through the API.
- The creation and management of marketing/promotion/rewards/coupon campaigns through the leaderboards or any other in-game/in-app system.
The Licensee may not install or use the API for any other purpose without Geosophic’s prior written consent.
Although, in principle, access to the Geosophic Service is free, some of the services and utilities part of it, as well certain features whenever reaching certain levels of usage may be conditioned to the fulfilment of a subscription and the payment of a corresponding fee.
The Licensee will be responsible for guaranteeing the authenticity and accuracy of all the data provided when completing the subscription and payment forms.
Geosophic might use the services of a 3rd party payment/billing provider to increase the efficiency and security of any payment processes involved. In that regard, Geosophic won’t be liable for any claims concerning the effectiveness of the service provided by such payment/billing provider.
2. Personal data management
For Applications that collect, process, record, organise, store, adapt, retrieve, consult, use, distribute, merge, link, block, delete, destruct or in other way operate with Personal Data (defined as so by the EU Data Protection Directives), the Licensee must have an end user license agreement that:
- Allows the Licensee to obtain, collect, store and process the geolocation of the user (which might be or not considered Personal Data), for the purposes of publishing scores/achievements in location based leaderboards/scores and or achievements charts, as well as to obtain behavioral metrics and analytics relevant for advertising and promotional purposes.
- Allows the Licensee to provide such data to third parties such as Geosophic to provide location based game features (including but not limited to leaderboards), as well as for marketing optimization and customization purposes.
Also, the Licensee should enable Geosophic, prior to the first use of the service or within the app itself, to:
- Request consent from the app/game end’s users to gather any pertaining personal data needed to Geosophic’s services.
3. General prohibitions
The Licensee agrees not to do any of the following while using the Site, Content, Data or Services:
- Use the service to engage in activities that (i) are false or misleading (including impersonating any person or entity); (ii) invade another’s privacy (including stalking or harassing); or (iii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Access, tamper with, or use non-public areas of the Site or Service that you have not been given permission to access, Geosophic’s computer systems, or the technical delivery systems of Geosophic’s providers;
- Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
- Attempt to access or search the Site, Content, Data or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Geosophic or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tools;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, Data or Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or plant malware on Geosophic’s computer system, those systems of Geosophic’s providers, or otherwise use the Site, Content, Data or Services to attempt to distribute malware; or
- Impersonate or misrepresent your identity or affiliation with any person or entity.
Geosophic will have the right to investigate and prosecute violations of any of the above, including Site security issues, to the fullest extent of the law. Geosophic may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. The Licensee acknowledges that Geosophic has no obligation to monitor access to or use of the Site, Content, Data and Services, but has the right to do so for the purpose of operating the Site and the Services, to ensure users’ compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
4. Geosophic’s property
All right, title, and interest in and to the API, Content of the Site, and Services are and will remain the exclusive property of Geosophic and its licensors, including all Intellectual Property Rights (as defined below) therein, even if Geosophic incorporates any of your Feedback (as defined below) into subsequent versions. The API, Site, Content, and Services are protected by copyright, trademark, and other laws of both UK and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use Geosophic’s website (from now onwards the ‘Site’), or Services.
Should the Licensee violate any of these Terms of Service, your permission to use the Site, Content, Data and Services will automatically terminate. Geosophic reserves the right to revoke your access to and use of the Site, any data regarding metrics, profiles or audience segmentation obtained through Geosophic (from now onwards referred as ‘Data’) and Services at any time, with or without cause, and with or without notice.In such case, any resulting liability will be limited to the last monthly fee paid by the Licensee as per establishes in Term 6.
Geosophic also reserves the right to cease providing or to change the Site, Data or Services at any time and without notice. In such case, any resulting liability will be limited to the last monthly fee paid by the Licensee as per establishes in Term 6.
Geosophic reserves the right to terminate your Account or delete and/or reduce any or all of your Data at any time, with or without notice. In such case, any resulting liability will be limited to the last monthly fee paid by the Licensee as per establishes in Term 6.
6. Limitation of liability
The Service is provided “as is” without warranty or condition of any kind, either express or implied.
The Licensee’s access to and use of the Geosophic’s site, Data and Services is at his own risk. Geosophic will have no responsibility for any harm to his computer system, loss or corruption of data, or other harm that results from your access to or use of the Site, Data or Services.
Geosophic explictly disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement and any warranties arising out of course of dealing or usage of trade. The Licensee acknowledges that the use of the API or the Service may result in unexpected results, loss or corruption of data or communications, release delays other unpredictable damage or loss. Also, specifically, Geosophic makes no warranty that the site, content, data or services will meet your requirements or be available on an uninterrupted, secure or error-free basis.
The Licensee is also solely responsible for his interactions with his userbase, specifically when it comes to the game/app’s own’s terms of service and data protection issues.
In that regard, the Licensee agrees to defend, indemnify, and hold Geosophic, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of the API, Data and Services; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; or (iv) any claim that Your Data, or your use of Data, caused damage to a third party, including without limitation claims that Your Data, or use of Data, infringe the rights of another.
The Licensee agrees that the aggregate liability of Geosophic Ltd. to him for any and all claims arising from the use of the API, data and/or Service is limited to ONE HUNDRED (100€) EUROS or the amount corresponding to the last monthly fee paid by the Licensee. The limitations of damages set forth above are fundamental elements of the basis of the agreement between Geosophic Ltd. and the Licensee.
7. Governing law and jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of United Kingdom without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be courts located in London, England, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.